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Home My WebLink About2019 Easement AgreementPage 1 of 2 3120190008245 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3183 PG: 681, 2/1112019 11:58 AM D DOCTAX PD S0.70 After Recording, Return to. James A. Stokes, CityAttorney City ofSebastian 1225 Main Street Sebastian, Florida 32958 PRIVATE SEWER LATERAL MAINTENANCE ! EASEMENT AGREEMENT Property Address: 1206 US HIGHWAY 1, SEBASTIAN, FL 32958 Parcel I.D. 31390600000005000011.0 Legal Description: WLY 112 OF THE FOLL: COM AT NW COR OF GO - V LOT 5; RUN SLY ALONG W BDRY 382.06 FTTOS RIWLINE OF MAINSTWHICH HAS 80FT, RIW; RUN N83DEG 26MIN 31 SECEALONG-SAIDSTUNE 179.QOFTTOIRONPIPEATSECOROF NEWUSNO 1 HWY & MAIN ST; TH, ALONG R/WOF NEWU S NO HWY S 17 DEG -29 MIN 29 SEC E203A FTTOAN IRON PIPE FOR POB: THALONG SAID RNV192.50 FTTO, IRON PIPE; RUN N 73 DEG 08 MIN 31 SEC E-254.7FTT0CON MONONWRIWLINEOFOL D US HWY#1; RUNALONG RIWLINE N25DEG, 29 MIN 29SEC W 181.25FTTOAN IRON PI - PE; S 76 DEG 24 MIN 31 SEC W229.95 FT T 0 POS AS R SK60 PP 107, AS R BK 306 PP, 202 (OR SK 446 PP 258)" THIS AGREEMENT is hereby entered into this I day of February , 2019, between RobertA. Greason and Ronna R. Greason, husband and wife, whose address is 42226 79th Street, Vero Beach, FL 32967, (hereinafterreferred to collectively as "PROPERTY OWNER'), and the CITY OF SEBASTIAN, a Florida munlicipal corporation, whose address is 1225 Main Street, Sebastian, Florida 32958 {hereinafter referred to as "CITY'}. At all times relevant to this Agreement, CITY is acting in its proprietary capacity as the owner of real property and not in Its govemmental function. 1. In and for consideration of the restrictions and covenants herein contained, and other valuable consideration the sufficiency of which is hereby acknowledged, the CITY andthe PROPERTY OWNER agree to this sewer lateral maintenance/easement agreement, located at the real property described above. 2. The purpose of this Agreement is to enable PROPERTY OWNER to connect its lateral sewer line toCITY's existing sewer line, located at700Main Street, Sebastian, Florida (Parcel I.D. 31390600011001000001.0), and to ensure that the common sewer lateral shall be maintained and kept in good condition. 3. PROPERTY OWNER shall be solely responsible formaintainingthe sewerlines on its real property, as well as the portion of the sewer lateral from its foundation to the point where it joins the common lateral; CITY, shall besolely responsibleformaintainingthesewerlinesonits real property, aswell asthepordonafthe sewer lateral from its foundation to the point where K joins the common lateral. 4. CITY and PROPERTY OWNER shall share equally the cost and expense of maintaining that portion of the lateral from the common joint to the County force Main. 5. This Agreement will continue until mutually terminated by the CITY and PROPERTY OWNER, or until PROPERTY OWNER decides to construct a separate lateral connecting directly with the County force main line. 6. In the event that damage to the common lateral is the fault of either Party to this Agreement, the Party causing the damage shall be solely responsible for the cost of repairs. T. RUNSWITHTHELAND. Itis hereby mutually understood andagreedthatthecovenants and obligations set forth herein run with the real property and shall be completely and fully binding upon future owners of suchreal property, regardless ofthemannednwhichthepropertyisacquired, thesameasifsuchsuccessorsin interestwereexpresslynamedherein. ThisAgreementshallberecordedintheOfficial Records of Indian River County. http://ori.indian-river.org///DocumentIGetDocumentForPrintPNGI?request=AQAA.ANCM... 4/26/2019 Page 2 of 2 R K: 3183 PG: 682 PRIVATE SEWER LATERAL MAINTE NCE I EASEMENT AGREEMENT Pigs 2 of 2 8. GOVERNING LAW. This Agreement and the performance thereof shall be governed by Florida law, and the venue for any action related to this Agreement shall be properly adjudicated in the Circuit Court of Indian River County, unless a federal claim is asserted against the City of Sebastian in its governmental capacity and the City choses to remove the matterto federal court The parties expressly wave any and all rights to trial by jury of any matter related in any way to this Agreement. 9. INDEMNIFICATION & SOVEREIGN IMMUNITY. PROPERTY OWNER agrees to defend and indemn4 CITY for any liability, legal action, or judgment, arising from performance under this Agreement for any action, whethernegligent, reckless or intentional, committed by PROPERTYOWNER, oranyperson acting under property owners direction or in control in the course of the property owner's performance herein. Nothing is this Agreement shalt be construed to affect in anyway CITY's sovereign or other governmental immunity as set forth in Florida Statute 768.28, or otherwise provided by law. 10. NOTICES. All notices hereunder must be in writing and shall be deemed vaCcdly given if sent by certified mail, return receipt request, addressed to the owner of record as reflected in the official records of the Property Appraiser of Indian River County, Florida, at the time such notice is delivered. Ii. ENTIRE AGREEMENT. Itis agreed and understood that this Agreement contains all agreements,, promises and understandings between PROPERTY OWNER and CITY, and that no verbal or oral agreements, promises or understandings shall be binding upon either Party in any dispute, controversy or proceeding at law, and any addition, variation ormodificationto thisAgreementshall bevoidand ineffectiveunless madeinwritingand signed by the parties. IT IS SO AGREED: For P PERTY OWNER: Robert A. Greason, Owner Dated: .2 , --a D f C/ Witness: Print Name. ��{ , �Y�tr►, r ' V �4 Ronna It Gibason, Owner Dated: `� 2 Witness: r PrintName: rrNu For CITY 0 SAS By: (i Paul E. Carlisle, City Manager Dated: , / 7 !( ATTEST: Jeannette Williams, MMC- •- . _ :' :% City Clerk Jr ' x Approved as to Form and LegailtyforRellance by the City of stun only: By: Jo es D. Stokes, SCS City Attorney http://ori.indian-river.orglIlDocumentIGetDocumentForPrintPNGI?request=AQAAANCM... 4/26/2019 SHADED AREA INDICATES , PROPOSED UTILITY EASEMENT N 76' 28' 38" E _ 78.75' EXISTING SANITARY MANHOLE J o �i EXISTING SANITARY MANHOLE — — o TOP EL. = 7.3y ,." f TOP EL 9.57' W. INV. EL. = 3.51' E. INV. EL - 2.84 ,E � SEBAST/AN C/TY PARK EXISTING LIFT STATION ' S S. INV. EL. - 2.74' q� TOP EL. = 11,96' # 92.5 Lf OF 8` PbC yEµ£R (!1 N. INV. EL. 2.65' 1 N �fq/Iy U N P L A T T E D E 179,00(D) BEET EXISTING SEPTIC TANK AND I RAINRELD TO BE ABANDONED. R a SEE UTILITY KEY NOTES #2, #3 AND #4. 1 ' �, 50 LF •-�,s N N 17'40 32 W PROPOSED PRIVATE M r� O. OF 2 0 PVC FORCEMAIN k,, s I 10 03 (36" MINIMUM COVER) M PROPOSED 2"x2-1/2" SADDLE m Z N 76 „ N� 28 38 E _ 140 00'R, TAP WITH 2' TAPPING VALVE. ki U��r"r € i } Z Aiy STA 1+50.40' TILITY BASEL)N' i x OFFSET 5.50' NORTH I S } aA # ��r'.�p tiist t 3} ^ w 61 off_..[ 1 a.i •2i JTjj �. §b; t N _. t';:+' °p-. . + i ;,�` 4 +00Y + :� �#� {� 2.5 PVC FOR CEMA/N 1 L P.O.B. O 32.0, _ . - �o,, :. \ #+ Y „ PR POSED CO ROL PANEL -- "' y ,'�' STA -- .., 76 28 38 W 114.89' 2+00 EX. SAT. EXISTING CLEANOUT - Rio - _ _ _ _ T I Q DISH INV. EL. 11.10' 1 � 5 �— PROPOSED PRIVATE VALVE BOX 0 M. FITI7NG TOP EL. 11.50' Q. STA 1 +08.30' U o� EX. 1 STORY CBS m v�.�s�+,v.�du�y ,�q �od.�; h a CONC. 0i g o ' 2 OFFSET 4.00' SOUTH ui cs 12 O to RETAIL BLDG. ' � zo h � v � PROPOSED PRIVATE LIFT STATION 1 U U j'1210 & #1212 � � 13' � � . � TOP EL. = 11.50' 5 LF OF " SCH 4 > PVC BLDG. S.. IN.V. EL. = 9.10' W F.F.E.=14.27 S RVICE Lit IE ® MIN ' /8"/F1. STA 1+08.30 . CV EX. SIGN (2) 45' FIT"IIJGS OFFSET 8.00' SOUTH cy)gvQ #--� 32'0' W 11 LF OF 4" SCH 40 PVC BLDG. c a Oy SERVICE LINE O MIN. 1/8"/FT: �1 2.9 -, 74 LF OF 4" SCH 40 PVC BLDG. 5 LF OF 4" SCH 40 PVC BLDG. �SERVICE LINE O. MIN. 1/8"/FT. 1 SERVICE LINE O MIN. 1/8"/FT. tit I ,wry' TO REMOVE o DUMPS CR PAD OINSTALL NEW4CH 40 `��' ♦ SANITARY LATERAL. REINSTALL OR 1 PATCH DUMPSTER PAD AS NEEDED SPIGOT AFTER SEWER INSTALLATION (F/L)12.31 N. I 12.6 R&J 4 n 1 REMOVE AND REPLACE THE EXISTING 1 VEGETATION AS NECESSARY TO INSTALL CON . THE NEW BUILDING SEWER SERVICE LINE. WALL ^N 8 1 eL Oyk� 0 6� � J��ay.srd yy�ssSy��say� qoCn4.4' 12..0 PUMP/WE ;.LL2.48.35' 38.45' '4 x EX. SEPAC TANK PERC. EX. 6wo WPPCL NK AND I TO BE ABANDONED TEST > CE Z 48ANDONED. )TES #2, #3 3 m _ p EX. 2 STORY BRICK EX. CONC. ` A '- UTILITY KEY NOTES: o DENCE 41208 cu 4 AFTER " `� �' �. � MAI OOR EL.=17.52 EXISTING CLc. NOU• INV. EL. EXISTING C 9.ANOUT INV. EL. � 9.76't / 1. FINAL NEW SERVICE CONNECTIONS TO BE INSTALLED FDEP AND THE I.R.C. UTILITIES ISSUE A CLEARANCE TO zp v 8.35' I 38.4 = 1 .35' 4 LF OF 4" SCH 40 �SERV CE LINE ® AIN. F-IC BLDG. ' /8' /FT. OPERATE LIFT STATION. �: ��. � *- \ 0\ tiZ ^ " ,42 LF OF 4 SCH 40 PVC BLDG. _